Section 57 of the copyright act deals with the author’s special rights it is also known as moral rights. Rights of author’s in copyright after assignment,
- Authorship remain same after assignment also.
- Moral rights is rights of Paternity,
- Rights of Integrity.
- It is also a perpetual rights.
The author shall not have any Right to retain or claim damages in respect of adaptation of a computer. Computer programme to which clause (aa) of sub Section (1) of section 52 applies.
Section 52(1)(aa) states that, making of copies or adaptation of a computer programme by lawful possessor of a copy, of such programme from such copy.
- The making of copies in order to utilize the Computer programme for purpose for which it was supplied.
- The adaptation to make back up copies purely as temporary protection against loss.
- Protection against damage in order only to utilize the Computer programme for the purpose for which it was supplied.
Amarnath sehgal v Union of India, Rights of author’s in copyright after assignment
In this case Amarnath sehgal v Union of India ( constitution club of India ). May of us believe in sole, moral rights are the sole of author’s of his work. The author has right to preserve, protect and nurtures his creation through his moral rights.
The court held that destruction is kind of mutilation, the moral is to precious for author. Plaintiff is entitled to receive damages broken pieces, and compensation of rupees 5 lakhs.
The fact of the case, Central government was want to built and decorates a beautiful Constitution club of India. Amarnath sehgal with his Artistic and painting work on the wall, done the work for Center.
After few years this work get old, the center government wants to replace it with modern something new decorates. The government remove the mural sculpture from the wall and thrown them into garbage.
The author after this claims the rights in mural sculpture which destroy, under section 57 of the copyright act 1957.
Moral rights of author’s,
Section 57 of the copyright Act, moral rights I.e special rights of author’s copyright, authorship,
- Even after the assignment either wholly or partially.
The section 57 Clause 1 sates that authorship author has in a solitary state. Even after the assignment either wholly or partially of copyright work.
Right of Paternity in copyright, Rights of author’s in copyright after assignment
The author has the special right in copyright work after assignment also of section 57 Clause 1(a). The Clause 1(a) states that the author to claim authorship of the work.
The authorship shall not be claim by owner after Assignment of the work . The original title of the authorship remain the same and only to author of the work .
The right of Paternity in hindi it states as बपौती. It’s somehow that, if the author dead and the work that was assignment by the author. The owner claim the authorship on the work that wholly or partially said copyright of the author.
The legal representative of the author shall also claim of the right of authorship of author.
Author can be owner but it not always that owner may be the author.
Copyright Rights of Integrity
Integrity means the virtue of the work must be maintained by the owner, section 57(1)(b) of copyright act India.
This Clause states that the author of a work shall have the right to retain or claim damages in respect of any distortion. Mutilation, modification or other Act in relation to the said work. If such distortion, mutilation, modification or other Act would be prejudicial to his honour.
Here the modification or other Act would not prejudicial to the author honour or reputation.
Meaning of distortion is misrepresentation of the author work, or false presentation of work of the author as it original meaning.
Mutation means disfigurement of the work means damage of the virtue of the moral right on work of authorship or work.
Perpetual right of author in copyright
Section 57 sub clause 2 states that the right conferred upon an Author of work by sub Section 1 of 57, may be exercised by legal representative of author.
The meaning of Perpetual here is the authorship right of author never-ending even after assignment of work. The authorship right remain to author itself because author can be owner but owner can not be author always.
Nannu Bhandari v kala vikash picture Ltd, Rights of author’s in copyright after assignment
In this case Nannu Bhandari v kala vikash picture Ltd, Section 57 of the copyright Act treated with special care. The court must not seat as a sentinel of public moral or super sensor.
But the court has to ascertain that the new avatar is true and authentic, modification must be done, which one necessary for that medium (cinematograph).
Here the SC court want to state that courts not have to lecture or recitation on the moral definition or meaning and explanation, in special right of author.
Failure to display a work satisfaction,
Section 57 of copyright act explanation 1 stating that failure to display a work. Or to display it to the satisfaction of the author shall not be an infringement of rights conferred by this section 57.